Minor Change Report 131999.982632.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	131999.982632.1
Development Approval	Material Change of Use – Duplex Dwelling
Applicant	Anthea Kane O'Connor
Request Received On	1 December 2023
Report Reviewed By	Andrew Gaffney 17.07.2024
Decision Due Date	8 January 2024

PROPERTY DETAILS
Property Address	2/11 Mitti St Noosa Heads Qld 4567
RP Description	Lot 2 SP 137631
Land Area	809m2
Existing Use of Land	Dual Occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Nil
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use – Duplex.  The changes relate to a renovation of Unit 2, resulting in additional floor area.  The changes are as follows:
New lift over 3 levels and accessing an approved roof top terrace, requiring reconfiguring existing laundry and storeroom and the lower floor and the lobby of the first level;
New kitchen (reconfigured), powder room removed and new toilet area, on the ground floor;
Reconfiguration of the master bedroom and ensuite on the first floor.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Basement and Ground Floor Existing and Proposed Renovations

Figure 3 - First Floor Existing and Proposed Renovations

Figure 4 – Second Floor GFA Calculations (top: original, bottom: proposed)

Figure 5 – Lift overrun
background
A development approval for a Material Change of Use – Duplex was approved on 17 June 1999.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the changes relate to an existing approved use and the changes do not dramatically change the built form appearance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The original development permit was granted under the 1990 Planning Scheme. It is to be noted that the method of calculation of gross floor area has changed between schemes. The definition of gross floor area (GFA) differs from Noosa Plan 2020 in that the GFA included stairs and levels on all levels.  Noosa Plan 2020 administrative term of gross floor area excludes stairs.
Condition 17
Town Planning
17.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by Studio Noosa and dated July 1999 and as may be amended by these conditions.
Applicant’s Request
The applicant has provided a series of screenshots showing the changes in comparison to existing for each level.  The proposal includes modifications to each floor as outlined in the proposal section of this report.  The applicant seeks to change condition 17 be updated to incorporate the submitted plans as plans of approval
Assessment of Request
Gross Floor Area
The majority of the building works is contained within the existing approved footprint, with the exception of a small portion of the reconfiguration on the ground floor relating to the toilet and kitchen, and the extension to the second floor. The extension results in an additional ~10m2 of gross floor area (calculated in accordance with the 1990 Planning Scheme).
The development was originally approved at 300m2, where a maximum under 1990 Planning Scheme allowed 364.22m2. In accordance with the current Scheme’s (Noosa Plan 2020 v.2) calculation of gross floor area the development’s gross floor area has reduced, this is noting that stairs and lifts are excluded from GFA calculations.
The development remains compliant with density provisions of both the original scheme and current scheme in effect.
Building Height
The plans provided fail to confirm the height of the lift overrun, a condition will be imposed limiting the maximum building height.
External Appearance
It is acknowledged that the changes to the master bedroom ensuite, the new toilet adjoining the living room and the lift overrun (rooftop terrace) will involve some external changes to the building as the development will occupy approved void areas. It is recommended to include an additional condition that ensures the materials used match the existing built form.
An additional condition will be imposed to reflect the approved plans as the works relating to Unit 2 only.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 131999.982632.1, to make a minor change to an existing approval for a Material Change of Use – Duplex situated at 2/11 Mitti St Noosa Heads described as Lot 2 SP 137631, Council on 17 July 2024 decided to:
A.	Approve the change.
B.	Include the following additional condition 28, 29, 30:
Changes to Unit 2 (17 July 2024)
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans in accordance with 131.999.982632, and generally in accordance with the Approved Plans listed in the table below
Plan No.	Rev.	Plan/Document Name	Date
ID01.2	C1	Basement Proposed Plan prepared by Georgina Jeffries	01.09.2023
ID01.3	C1	Ground Floor Proposed Plan prepared by Georgina Jeffries	01.09.2023
ID01.4	C1	First Floor Proposed Plan prepared by Georgina Jeffries	01.09.2023
ID01.5	C1	Second Floor Proposed Plan prepared by Georgina Jeffries	01.09.2023
ID01.6	C1	Rooftop Proposed Plan prepared by Georgina Jeffries (Annotated by Council)	01.09.2023
Building Height
The “lift run” is not to exceed 8 metres above the ground level.
Building Appearance
Any changes to the exterior walls, must match the existing built form with regard to colours/textures and materials.

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